HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
s_
1088 th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.narrield-county.com
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GARHLLw
BUILDING & PLANW4G
VARIANCE APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
➢
n
St re t Address / General Location of Property: /C
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➢
Legal Description:
_eases
➢
Existing Use of Property: Cg16) d en- A k.CL C-(kn`}" Lo+
➢
Description of Proposal: 1:Ncl 1ccchnr'N ^ -fir
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on
➢
Name of Property Owner (ADDIicant).1 h 0. oAr 1 rn
➢
Address: 0080 rC Telephone:
➢
City: State: o Zip Code: 1(a 0 FAX:
➢
Name of Representative (if other than owner) Gom tc.L k f0m y
➢
Address: 1010 a'Ppld AIl'e Telephone:
➢
City: ��nState: ( Zip Code: 6d) FAX:92,0-9W i
STAFF USE ONLY
➢
Doc. No.: Date Submitted: TC Date:
➢
Planner: Hearing Date:
➢ Zone District: --4-vT7 7 Trn
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Last��� vised.0212006
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GARHLLw
BUILDING & PLANW4G
I. APPLICATION SUBMITTAL REQUIREMENTS
Please refer to Section 9.05 through Section 9.05.04 of the Garfield County Zoning Resolution of 1978 (as
amended) regarding any variance request in the county. As a minimum, the following items must be attached
and hereby made part of this application:
1. Sketch Mao: showing all improvements on the site, building sizes, locations,
setbacks, and access points;
2. Vicinity Map: showing general geographic location of the subject property;
3. Legal Description of Site;
4. Letter of Consent: If the Applicant is other than the property owner, please submit a
letter indicating the Applicant may represent the property owner;
5. Copy of Deed of Ownership;
6. Practical Description of Site Including Address;
7. Names and Addresses of Prooerty Owners: this shall include properties adjacent to
or within 200 ft. of the site. This information can be obtained from the Assessor's
Office;
8. Where Applicable: description of domestic water source, sewage disposal and other
utility facilities;
9. Plans and Specifications for the Proposal;
10.A $250.00 Base Fee: Applicant shall sign the Agreement For Payment form and
provide the fee with the application;
11. Copies: Provide two copies of the Application. Staff will request additional copies
once the application has been deemed technically complete;
12. Narrative: provide a narrative explaining why the variance is being requested. In
addition, the narrative shall consider the following text in italics and provide specific
responses to criteria 1 — 3 below:
It should be demonstrated that, "...where by reason of exceptional narrowness,
shallowness or shape of the specific piece of property at the time of enactment of
this Resolution, or by reason of exceptional topographic condition of such piece of
property, the strict application of any regulation enacted under this resolution would
result in peculiar and exceptional hardship upon the owner of such property".
(Section 9.05.03 of the Zoning Resolution)
The Board of Adjustment may approve a variance request provided the request
satisfies all of the following criteria:
(1): That the variance granted is the minimum necessary to alleviate such
practical difficulties or undue hardships upon the owner of said property;
(2): That such relief may be granted without substantial detriment to the public
good and without substantially impairing the intent and purpose of the
general plan or this resolution; and
(3): That the circumstances found to constitute a hardship were not caused by
the applicant, are not due to or the result of general conditions in the district
and cannot be practically corrected.
H. PROCEDURAL REQUIREMENTS
(The following steps outline how the variance application review process works in Garfield County.)
1. Submit this completed application form (pages 1-3), base fee, and all submittal
requirements to the Garfield County Planning Department. It will be received and given to a
Staff Planner who will review the application for technical compliance.
2. Once the application is deemed is technically complete, the Staff Planner will send you a
letter indicating the application is complete and will request additional copies for the board
to review. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time
and date of your hearing before the Board of Adjustment. Prior to the public hearing, Staff
will provide you with a Staff Memorandum regarding your requested variance.
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested variance and the public hearing. If proper notice has not occurred, the public
hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed variance and nature of the hearing, and the date,
time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall be
mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest
in the subject property at least thirty (30) but not more than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of Adjustment at the time and date of
the public hearing at which time the Board will consider the variance request. In addition,
the Applicant shall provide proof at the hearing that proper notice was provided.
5. Once the Board makes a decision regarding the variance request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board.
I have read the statements above and have provided the required attached information
which is correct anq accurate to the best of my knowledge.
File No. 0605124
EXHIBIT "A"
Lot 5
Herczeg Subdivision Exemption Plat
recorded January 21, 1987 as Reception No. 378331
AND
A parcel of land situated in Government Lot 4, Section 6, Township 6 South, Range 89 West of the Sixth Principal
Meridian, County of Garfield, State of Colorado, said parcel also being a portion of Lot I of the Betz Subdivision
Exemption and being more particularly described as follows:
Beginning at the easterly line of said Betz Subdivision Exemption, also being at the westerly line of Herczeg Subdivision
Exemption, from which the southwest comer of Section 34, Township 5 South, Range 89 West of the Sixth Principal
Meridian, a G.L.O. brass cap standard monument bears North 57°43'00" West 570.58 feet; then North 61°40'00" East
along that line common to Betz Subdivision Exemption and Herczeg Subdivision Exemption, a distance of 60.50 feet;
then South 28°20'00" East along said common line, a distance of 20.00 feet; then South 61 °40'00" West along the easterly
line of Betz Subdivision a distance of 60.50 feet; then North 28°20'00" West a distance of 20.00 feet; to the POINT OF
BEGINNING.
op�
if (866) 928-8999
f (970) 928-9001
1010 trend Avenue
Glenwood Springs
CO 81601
012--7.
February 23, 2007
Fred Jarman
Garfield County
Re: Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
Dear Mr. Jarman:
The purpose of this letter is to describe the hardships encountered on the above
referenced lot by its current owner, Stephen E. Damm. In the owners attempt to place a
small single family residence on the above mentioned lot.
Background:
Lot 5 of the Herczeg Subdivision plat was approved as part of the subdivision exemption
granted via Resolution No. 96-058 in 1996, attached as Exhibit F. The subdivision
exemption plat created five (5) lots, four (4) of which currently contain single family
residences which are primarily pre -manufactured homes. Lot 5 lies at the southerly end
of the Herczeg exemption and is a uniquely shaped lot as is evident from the attached
plat (Exhibit A). Due to this irregular shape lot (with multiple property line angles) the
front and rear yard set backs in conjunction with a currently existing utility easement
create an unusually small building envelope. This building envelope is unlike any other
in either the Herczeg Subdivision or the Zone District in general.
The Damms purchased Lot 5 with the intention of placing a similar pre -manufactured
home as those currently in the neighborhood. However, upon application for a building
permit it became clear that the building envelope is insufficient to support this use.
Consequently, the Damms requested a more formal interpretation by the Planning
Department as to what the Planning Department depicts as the front and rear yards of the
subject property in order to fully determine where the building envelope exists. After
receiving that determination, the Damms decided the best course of action was to apply
to the Board of Adjustments for a variance for both the front and rear yard set backs.
Page Three
Re: Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
The circumstances that constitute the hardship (i.e. the unusual shape of the lot, and the
exceptionally small building envelope) were not caused by the applicant as it was previously platted
when the applicant took title to the subject property and it is a general condition within the zone
district. Further, it can not practically be corrected with out a variance as requested for the front and
rear yard set backs.
Summary
In summary, the Damms request that the Board of Adjustments approve these variances to allow for
a modest single family residence on Lot 5, which conforms to the existing neighborhood of the
Herczeg Subdivision. Should you have any further questions or the need for further information
prior to the Board of Adjustments hearing please do not hesitate to contact us at 928-8999.
Description of Utilities:
1. Domestic Water Source. The water source is the City of Glenwood Springs.
2. Sewage Disposal. The sewage disposal is West Glenwood Sanitation.
3. Electric. The electric is the City of Glenwood Springs.
4. Gas. The gas is Kinder -Morgan.
Sincerely,
James Gomick and Todd Leahy,
Brokers/Owners
1010 Grand Ave.
Glenwood Springs, CO 81601
Office (970)928-8999
Fax (970)928-9001
The A -Team, Inc.
Attachments
Page Two
Re: Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
Current Conditions:
The current lot configuration set backs and easements are shown on the attached exhibit B prepared
by High Country Engineering, Inc.. You will note that the building envelope is triangular in shape
and limited in size due to the set backs and the utility easement.
Attached as Exhibit C are a series of photographs of the existing site. Also, attached is Exhibit D,
photographs of the neighborhood including the Storm King Mobile Home Park which abuts the
subject property to the southeast. Of note, all but one of the adjacent properties is a single story pre -
manufactured home in a ranch style configuration.
Proposed Variances:
The Damms propose to place a 27.79' x 54.83' pre -manufactured home on the property. In order to
do so it will be necessary to obtain a variance of 13.35' feet from the front yard set back and
10.67'feet from the rear yard set back as depicted on Exhibit E (Damm residence original lay -out)
prepared by High Country Engineering.
Approval of these variances is sought from the Board of Adjustments in that the requests are
consistent with the requirements of Section 9.05.03 of the Garfield County Subdivision Regulations.
Specifically Lot 5 of Herczeg Subdivision exemption is exceptionally narrow and irregular in shape.
This creates an extraordinary and exceptional situation for the subject property as compared to the
other lots within the Herczeg Subdivision. The results of which have produced peculiar and practical
difficulties, as well as exceptional hardship upon the Damms and their desire to create a single
family residence for themselves.
The requested variances are the minimum necessary to alleviate the practical difficulties and undue
hardship upon the Damms regarding the subject property. The modular selected is contained 79.8%
inside the current building envelope. No building on the property based on this proposal will be any
closer than 10.67' feet from the property line. The relief being granted will not substantially harm
the public good or the intent or purposes of the general plan or the subdivision regulations in that it
provides for a consistent housing type with that in the neighborhood as well as the adjoining
neighborhood. Further, the relief being requested will promote the purposes of the Garfield County
comprehensive plan, in that it creates an affordable housing opportunity rather than forcing the
applicant to create an expensive and unusual custom home which is inconsistent with the
neighborhood surrounding it.
tf (866) 928-8999
f (970) 928-9001 March 12, 2007
1010 Gnnd Avenue
Glenwood Springs
CO 81601
0 W__1.
Craig Richardson, Senior Planner
GARFIELD COUNTY BUILDING & PLANNING DEPT.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Variance for the property located at 100 C.R. 130, Glenwood Springs
Owner: Stephen Damm
Dear Craig:
Please find attached the 10 copies of the completed application, as required in
your correspondence dated March 2, 2007.
If you have any questions, please contact me at 928-8999. Thank you for all your
assistance in this matter.
Sincerely,
ii��
Paula Kellaway,ontraer
�Kg
The A -Team, Inc.
1010 Grand Ave.
Glenwood Springs, CO 81601
Ric vED
MAR 1 2 2007
GNPOELD DIAONNING
BUILDING &P
i
` 1ti�1111111111111111 s r 5i�l 111 lltj lgl �1111R I F
1I��111 9111�'!20i 0349 �pRFIELD COUNTY
1 oP 2 R 11.00 D 15• oclock M. Recorder.
Recorded at
Reception No. WARRANTY DEED
THIS DEED, made this 301h day of June, 2006
BUFF AND'CHERESIAJWFF
0etween
JAMES M• rantor, and
+County of Garfield, and State of Colora o, g
of the
STEPHEN F. DAMM, `—
Glenwood Springs, CO, 81601
rantee: t and sufficiency of which is
whose legal address is :80 Ponderosa Circle, the receipt and confirm unto the
County of Garfield and State of Colorado, g of $154 90000 DOLLARS, sell and remvey and being in the
rant, bargain, 1 ing
of the these presents does g if any, situate, Y
rantor for and in consideration o�td by t wren improvements,
WITNESSETH, That the g bargained, sold and conveYeertY together
acknowledged, has granted, all the real prop
hereby assigns forever,
grantee, his heirs and
County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
111111111111 14111111111 ������ ���� 11111111111111111111''
File No. 0605124 701163 061_ ,/2005 03:18P 61815 P677 M BLSDORF
2 of 2 R 11.00 D 15.49 GARFIELD COUNTY CO
EXHIBIT "A"
Lot 5
Herczeg Subdivision Exemption Plat
recorded January 21, 1987 as Reception No. 378331
AND
A parcel of land situated in Government Lot 4, Section 6, Township 6 South, Range 89 West of the Sixth Principal
Meridian, County of Garfield, State of Colorado, said parcel also being a portion of Lot 1 of the Betz Subdivision
Exemption and being more particularly described as follows:
Beginning at the easterly line of said Betz Subdivision Exemption, also being at the westerly line of Herczeg Subdivision
Exemption, from which the southwest corner of Section 34, Township 5 South, Range 89 West of the Sixth Principal
Meridian, a G.L.O. brass cap standard monument bears North 57°43'00 West 570.58 feet; then North 61°40'00" East
along that line common to Betz Subdivision Exemption and Herczeg Subdivision Exemption, a distance of 60.50 feet;
then South 28020100" East along said common line, a distance of 20.00 feet; then South 61°40'00" West along the easterly
line of Betz Subdivision a distance of 60.50 feet; then North 28020'00" West a distance of 20.00 feet; to the POINT OF
BEGINNING.
12/18/2006 12:59 FAX 97094547P
LTG-GLENWOOD SPRINGS
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)N Y,eLE K AND REOORnFJti.
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When the folbwmg "� 5ohg ott3b were hnd and done, to-%* -
a.,�.
'le
I�ESiJLONNO:-o6_ose
. APPROVAL OF A CONDITIONAL USE. PERW-
A RESOLUTION CON3'v
54$4 6,
APPLICATION BY STEP,
V✓IIEREAS, the Boeidrof'Coittky Commissioners of Garfield County, Coloeado hss aeoer�e'd
w
apptieataa fromSTEPHEN I'" Ll .fora'hone occupation on tl e'fotlowidg d�' t of
,
;F
Located on Lot 1; Hear*}Sion:Exemption plat as recorded 1!21187, Reoejka>n;No 3,7f1391
(in the State of Colorsi& the Comity of Garfield); and
'
R75.AS1 the Board` a on the 19th of 1996 n tie of
I� day Anpat, , up gitee�n`
whether the above -dear ed Chit 3aiUt :: #'&'MmyQk should be ljrsnt4 4 dt�tid, at A�h�h-�fl tls6
opt1"—/ to eapsm thea op>e�dnsii1wd'f
tsi�dCot�iii6nit'`UsdPernat; � �
b
WMEAS, the Board 46616, baro of substantial competent evidenw ptoduoed at the
i%i+ementioi ad meeting. Lis cute 1bi dotemimam of fact:
1. That the meetadg beSttti*the 8o�td of County Commissioners was ext4d-" gild'6011M ate,
1hN dlpettiiid -ftMt Nld`baU06 weresubmitteA:and thMist iss tMsia
hard at thii,
�t �.� . Yr' •' ..a:i::; .�t:�f�oSCS..,a'e.`e a" .... ..
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12/18/2006 13:01 FAX 97094547` LTG-GLENWOOD SPRINGS
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c:
Dated this 4th day of s'ftPYSMa1t A.D. 19._96. .
£ ATTEST: GARFIELD COLNTY BC.,AtL J OF
C01�3$IUNEk%0ARPIECt
COLORA�bD
CIAdfAc Board Chairman
' Upon motion duty znade azzi, i Ms the foteRoiV Resohnion was adopted by the following vote.
MARLAN I. SMITH Aye
ii ARNOLD L. AihGRL6]Gji4fluf eye
ZLMRRBQiM ARBREBY A"
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12/18/2006 13:03 FAX 97094547x' LTG-GLENWOOD SPRINGS 10003/003
December 18, 2006
Andy Schwaller
Chief Building Official
County of Garfield
Dear Andy:
Please be advised that Jim Gornick and Todd Leahy of the A -Team Realtors in
connection with the Lot 5 Herczeg Subdivision Exemption Plat Application for Variance
in the County of Garfield, Colorado are authorized to speak on my behalf and process the
application for me.
Very truly yo rs,
Stephen Damm
Owners within 200 feet of the Stephen Damm Property (218506200060)
00-059
Donna Lee Humble
0038 Donegan Road
Glenwood Springs, Co 81601
00-58
Marsha Kesserling and Joanne Mae Stanley
0036 Donegan Road
Glenwood Springs, Co 81601
00-056
Thomas E. and Susan M. Herbst
28131 N. Lake Drive
Wauconda, 11 60084-1277
00-018
James M. and Theresia Huff
100 C.R. 130
Glenwood Springs, Co 81601
00-069
Stephen F. Weller
80 Donegan Rd.
Glenwood Springs, Co 81601
00-068
Paul James and Nancy Fern Jacobsen
66 Donegan Road
Glenwood Springs, Co 81601
00-029
International Church of the Foursquare Gospel
DBA Sonlight Church
0355 C.R. 132
Glenwood Springs, Co 81601
00-055
Euster-Fuller Enterprises, LLC
0642 Frying Pan Road
Basalt, Co 81621-9705
00-016
Robert F. Metzler
P.O. Box 1198
Idaho Springs, Co 80452-1198
Jasper Freese
217 E. 18th St.
Greeley, Co 80631
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Ypll sf YYLNI
AREA OF BUILDING ENVELOPE = 1419.04 S.F.
AREA OF BUILDING WITHIN ENVELOPE - 1132.57 S.F.
AREA OF BUILDING - 1703.91 S.F.
PERCENTAGE OF BUILDING WITHIN ENVELOPE - 1132.57 S.F./1419.04 S.F. = 79.8%
GRAPHIC SCALE
I
1 �h. 10 tt
LEGEND
EXISTING BUILDING ENVELOPE
EASEMENT
vao�crr+o.
2001050.0
GRI
\ \\ \ VRttL SKMt
AREA OF BUILDING ENVELOPE - 1419.04 S.F.
z 30
AREA OF BUILDING 'WITHIN ENVELOPE = 1132.57 S.F.
AREA OF BUILDING = 1703.91 S.F.
PERCENTAGE OF BUILDING NITHIN ENVELOPE = 1132.57 S.F./1419.04 S.F. = 79.8%
GRAPHIC SCALE
1 a rear )
I lxh 10 R
LEGEND
----- EXISTING BUILDING ENVELOPE
EASEMENT
PR X. NO.
2061060.00
GRI